Hidalgo v. Arizona

Petition for certiorari denied on March 19, 2018

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-251	Ariz.	N/A	N/A	N/A	N/A	OT 2017

Issues: (1) Whether Arizona's capital sentencing scheme, which includes so many aggravating circumstances that virtually every defendant convicted of first-degree murder is eligible for death, violates the Eighth Amendment; and (2) whether the death penalty in and of itself violates the Eighth Amendment, in light of contemporary standards of decency.

SCOTUSblog Coverage

Justices decline to weigh in on constitutionality of death penalty (Amy Howe)
More orders, but no new grants (Amy Howe)
Court bulks up this term’s docket (UPDATED) (Amy Howe)
No new grants today (Amy Howe)
Petition of the day (Aurora Barnes)

Date	Proceedings and Orders (key to color coding)
May 30 2017	Application (16A1185) to extend the time to file a petition for a writ of certiorari from June 13, 2017 to July 14, 2017, submitted to Justice Kennedy.
Jun 06 2017	Application (16A1185) granted by Justice Kennedy extending the time to file until July 14, 2017.
Jun 28 2017	Application (16A1185) to extend further the time from July 14, 2017 to August 12, 2017, submitted to Justice Kennedy.
Jun 29 2017	Application (16A1185) granted by Justice Kennedy extending the time to file until August 12, 2017.
Aug 14 2017	Petition for a writ of certiorari filed. (Response due September 15, 2017)
Sep 08 2017	Order extending time to file response to petition to and including October 16, 2017.
Sep 15 2017	Brief amicus curiae of Amnesty International filed.
Sep 15 2017	Brief amicus curiae of Fair Punishment Project filed.
Sep 15 2017	Brief amici curiae of The Promise of Justice Initiative, et al. filed.
Sep 15 2017	Brief amici curiae of Former and Current Arizona Judges, Prosecutors, Defenders, Legislators and Others filed.
Oct 16 2017	Brief of respondent Arizona in opposition filed.
Oct 31 2017	Reply of petitioner Abel Hidalgo filed.
Nov 01 2017	DISTRIBUTED for Conference of 11/21/2017.
Nov 13 2017	Rescheduled.
Nov 27 2017	DISTRIBUTED for Conference of 12/1/2017.
Dec 04 2017	DISTRIBUTED for Conference of 12/8/2017.
Dec 06 2017	Record Requested.
Dec 11 2017	Record received from Supreme Court of Arizona. (One envelope with sealed materials; the remainder of the record is electronic.)
Dec 26 2017	DISTRIBUTED for Conference of 1/5/2018.
Jan 08 2018	DISTRIBUTED for Conference of 1/12/2018.
Jan 16 2018	DISTRIBUTED for Conference of 1/19/2018.
Feb 05 2018	DISTRIBUTED for Conference of 2/16/2018.
Feb 20 2018	DISTRIBUTED for Conference of 2/23/2018.
Feb 26 2018	DISTRIBUTED for Conference of 3/2/2018.
Mar 12 2018	DISTRIBUTED for Conference of 3/16/2018.
Mar 19 2018	Rescheduled.
Mar 19 2018	Petition DENIED Statement of Justice Breyer, with whom Justice Ginsburg, Justice Sotomayor, and Justice Kagan join, respecting the denial of certiorari. (Detached Opinion)
Jul 13 2018	Record returned to the Supreme Court of Arizona.

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- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
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- Bucklew v. Precythe Baze v. Rees and Glossip v. Gross govern all Eighth Amendment challenges alleging that a method of execution inflicts unconstitutionally cruel pain; Russell Bucklew’s as-applied challenge to Missouri’s single-drug execution protocol -- that it would cause him severe pain because of his particular medical condition -- fails to satisfy the Baze-Glossip test.
- Lorenzo v. Securities and Exchange Commission Dissemination of false or misleading statements with intent to defraud can fall within the scope of Securities and Exchange Commission Rules 10b–5(a) and (c), as well as the relevant statutory provisions, even if the disseminator cannot be held liable under Rule 10b–5(b).
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- Sturgeon v. Frost Alaska’s Nation River is not public land; and like all non-public lands and navigable waters within Alaska’s national parks, it is exempt under the Alaska National Interest Lands Conservation Act from the National Park Service’s ordinary regulatory authority.
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- Barton v. Barr Whether a lawfully admitted permanent resident who is not seeking admission to the United States can be “render[ed] ... inadmissible” for the purposes of the stop-time rule, 8 U.S.C. § 1229b(d)(1).
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Hidalgo v. Arizona

SCOTUSblog Coverage

Featured Posts

Academic highlight: Levitt on the collateral consequences of Department of Commerce v. New York – Amanda Frost

New rules mean tighter deadlines, fewer words – Amy Howe

Relist Watch: The Muller Report – John Elwood

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